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The following are the Terms and Conditions of
your use of our website:
www.pafinsurance.com Viewing or
using this site will confirm your agreement to all of
the terms herein. The following terms govern the
relationship between you, the "Customer", and P.A.F
Insurance Services LLC, herein referred to as P.A.F.
We, P.A.F Insurance Services LLC, are a fully licensed
insurance broker, freight broker and freight forwarder providing
domestic freight shipping services and freight insurance through
our partner freight insurance companies. Our website: www.pafinsurance.com
provides online freight insurance quotes and instant
online freight insurance certificates/policies. P.A.F is
not a freight carrier or insurance company/insurer and we reserve the right to refuse any shipment
for freight services and/or
shipping insurance services at any time.
P.A.F offers the Customer 3 coverage type options for
purchasing primary freight insurance . If the customer
does not purchase such freight insurance, the customer
acknowledges and agrees that they will be limited to the
carrier's standard liability freight insurance coverage
and that recovery is pursuant to the terms and
conditions of the carrier's General Rules Tariff.
If Customer does purchase freight insurance through
P.A.F, then P.A.F will issue a certificate for insurance
coverage with the insurance company, as per the
information provided to P.A.F on the Customer's
application order form. The Customer will receive
an insurance certificate for the declared value amount
indicated and coverage type selected on Customer's
application order form. The insurance certificate will
be issued by A+ rated in insurers and the Customer is bound by the terms and
conditions listed on the insurance certificate as well
as on the application order form at the time of
purchase. If Customer purchases freight insurance
from P.A.F, customer agrees to the terms and conditions
of the selected coverage type
(click
here to view)
which are included in these terms and conditions herein
by this reference.
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Customer: The term "Customer", as used herein,
shall refer to any person using our services, including
the customer, shipper and consignee.
Insurer: The term "Insurer" refers to the
insurance company whom provided the insurance coverage.
The General Rules Tariffs:
The term
"General Rules Tariff, as used herein, shall refer to
the terms and conditions of carriage set forth by each
carrier in regards to shipments scheduled with such
carrier, that govern the relationship between the
customer and the carrier.
Terms and Conditions of Coverage: The term "Terms
and Conditions of coverage" refers to the terms and
conditions of the insurance coverage from the insurance
company/Insurer. This is the contract of insurance
coverage between the customer and the insurance company.
Service or Services: The term "Service" or
"Services", as used herein, shall refer to any service
provided by P.AF. whether through this website or by
other means.
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By using this site or our services, the Customer agrees
to these terms of use as stated herein. The terms and
conditions of coverage from the insurer, as well as the
General Rules Tariffs, set forth by the carriers
provided within P.A.F, will take precedence in all legal
proceedings, and when applicable, will take precedence
over these Terms and Conditions. If an issue is not
addressed in The General Rules Tariff, then these Terms
and Conditions shall control. Additional charges may
apply based on each carrier's General Rules Tariffs.
In the case of conflict between these Terms and
Conditions and those set forth by the carrier's
General Rules Tariff, the selected carrier's General
Rules Tariff shall control. P.A.F reserves the right to
change or amend these Terms and Conditions at any time.
If P.A.F makes any changes to the Terms and Conditions,
P.A.F will notify the customer by posting an
announcement on this site.
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Freight Insurance rates are based on the type of
goods being shipped /commodity category of the items
being shipped, the shipping origin and destination
locations, the insured value and selected coverage
type. The customer agrees to provide P.A.F with the
correct description and value of their shipment so
that P.A.F may provide the customer with accurate
rate quotes. The customer agrees that it is their
responsibility to determine the correct value of
their own shipment. P.A.F may assist the customer in
determining their freight value via phone, email or
this website, however it is the customer's
responsibility to make sure this information is
correct. Invoices indicating value will be requested
by the insurance company in the event of a claim.
P.A.F makes no guarantee that the rate quotes are
accurate. Our partner insurance companies may change
our prices at any time, resulting in a price change
to the customer. The customer agrees that
quotes are not guaranteed until insurance is booked
and are subject to change at any time.
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The customer warrants to comply with all
applicable laws, rules, and regulations
including but not limited to customs laws,
import and export laws and governmental
regulation of any country to, from, through
or over which the shipment may be carried.
The customer agrees to provide any
information required to comply with such
laws, rules and regulations and attach to
the bill of lading such documents as
necessary.
P.A.F assumes no liability to the Customer
or to any other person for any loss due to
the failure of the Customer to comply with
these regulations.
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If the Customer does not correctly complete all
documents required for purchasing insurance
coverage, such as the freight insurance application
order form, the Customer agrees to allow
P.A.F, where permitted by law, to complete, correct
or replace the documents for them in order to
facilitated the issuance of insurance. P.A.F is not
obligated to do so.
P.A.F is not liable to the Customer or any third
party for any actions taken on behalf of the
Customer because of negligence.
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5.
Insurance Certificates
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When Customer purchases freight insurance through
P.A.F and or the online service, a certificate of
insurance will be issued based on the information
provided by the Customer. Customer agrees to keep
the original copy of their insurance certificate
incase of a claim. Failure of Customer to
provide a copy of their insurance certificate upon
filing a claim will delay claims processing.
All insurance certificates are NON-NEGOTIABLE.
Any unauthorized alteration or unauthorized use of
insurance certificates will void the insurance
coverage in place with the insurer. |
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All Charges for services are payable in US
dollars and are due up front up at the time of
purchase. Customer shall provide payment to
P.A.F, for total amount due, by credit card or
electronic funds transfer, before insurance
coverage will be issued or certificate will be
provided. Customers paying by credit card agree
to the credit card merchant processing fee of 4%
of the total charged amount, which will be
charged in addition to the cost of services at
the time of purchase.
P.A.F has the right to adjust the original
quoted amount due, if the original quoted amount
was based upon incorrect information provided by
the customer at the time of the original quote,
including but not limited to incorrect
description of goods, weight, dimensions
product description, origin and destination
locations, packaging and insured value.
The Customer agrees to be jointly and severally
liable for all charges payable for issuance of
insurance. In the event the Customer is
acting as an agent or broker on behalf of
another client, then customer agrees that they
have full authority to do so and shall be
liable, jointly and severally, for all charges
payable on account of clients shipment.
Customer agrees that P.A.F shall have a lien on
any shipment /insurance certificate for all sums
due from Customer. In the event P.A.F files a
claim with insurer on behalf of the Customer and
receives payment, P.A.F has a lien on such funds
and may apply these funds to any amount due to
P.A.F by the customer.
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Customer may cancel their purchased insurance as
long as the certificate/policy has not been issued
with insurer. Once a certificate of insurance has
been issued with the insurance company there are no
cancellations/refunds. In the event Customer needs
to change information listed on Customer's insurance
certificate, a new insurance certificate will be
issued with the corrected information. In the event
of cancelled shipments in which insurance is no
longer needed, customer may apply the premium
towards insurance for a future shipment. P.A.F will
place a credit on file under Customer's account. In
the event insurance is cancelled prior to the
issuance of the certificate, then P.A.F will refund
the customer the full amount charged minus any
cancellation fees, if applicable. P.A.F reserves the
right to charge a $25 cancellation fee in certain
circumstances for orders cancelled prior to the
issuance of the certificate. The Insurance company and P.A.F reserve the right to cancel any insurance certificate/ policy at anytime due to false information being provided by client, such as: misdescription of items being insured, incorrect weight and incorrect value of items being insured; accordingly there will be no coverage in place for cancelled coverage due to misdescription of any kind. Any misdescribed goods will need to be reviewed by underwriters. In efforts to protect the insurance company/underwriter against insurance fraud, P.A.F reserves the right to refuse any order or cancel any insurance certificate/policy for any reason at their discretion. If P.A.F cancels a certificate /policy at their own discretion, the customer will be refunded the full premium paid. |
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8. Limitations of Liability
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P.A.F is not liable for any loss, damage,
mis-delivery or non-delivery caused by the
act, default or omission of the carrier, the
customer, or any other person who has
interest in the shipment.
P.A.F is not liable for any loss, damage,
mis-delivery or non-delivery caused by the
customer violating these terms and
conditions or the terms and conditions in
the bill of lading or of the carrier's
General Rules Tariff, including but not
limited to: improper or insufficient
packaging, securing, addressing or failing
to adhere to any of the rules relating to
shipments that are only permitted under
certain conditions or shipments not
permitted for transportation.
P.A.F is not liable for any loss, damage,
mis-delivery or non-delivery caused by acts
of God, war, terrorism, riots, strikes,
labor disputes, weather conditions,
mechanical delay or defect of aircraft or
other equipment, perils of the air, public
enemies, public authorities, or acts or
omissions of Customs officials. P.A.F is not
liable for the acts or omissions of any
person other than employees of P.A.F.
In no event, will P.A.F be liable for any
indirect, consequential, exemplary,
incidental, or special damages, Including
but not limited to loss of profits or
income, whether or not P.A.F had knowledge
of the possibility of such damages, arising
from these Terms and Conditions or relating
in whole or in part to Customer's right's
hereunder. Customer shall defend, indemnify
and hold harmless P.A.F, it's employees,
officers and agents against all third party
claims, actions, liabilities, damages,
expenses and costs, including attorney's
fees, arising from any facts or alleged
facts which, if true, would constitute a
violation by customer of these Terms and
Conditions.
P.A.F is not a freight carrier or an
insurance company and as such will not be
liable for any damage or loss caused by the
carrier or otherwise. Liability lies with
the insurance company whom provided the
insurance coverage. We are a freight
logistics company whom arranges freight
insurance coverage direct with the insurance
company, on behalf of the Customer, at
discount rates.
Customer agrees that P.A.F's entire
liability, if any, for any claim(s) whether
based on contract, negligence or otherwise,
shall be limited to the fees that P.A.F has
earned for placing insurance with respect to
the affected shipment(s)/insurance
certificate(s).
P.A.F will not be liable if customer selects
the wrong coverage type on their application order form.
P.A.F sales representatives do not monitor insurance
orders. Insurance application orders go direct to
P.A.F's processing department and certificates are
issued according to the information provided on the
Customer's application order form. Customer agrees to be
responsible for their actions and the information
Customer provides to P.A.F on their application order
form, as certificate issuance is based on this
information.
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P.A.F makes no warranties, express or
implied including, without limitation,
warranties of merchantability or being fit
for a particular purpose, with regard to
shipment deliveries, this website,
information provided on this website or
services transacted on this website.
p.a.f cannot guarantee delivery of any
shipment by a specific date or time. |
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10. Freight Insurance Claims
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Customer agrees to immediately file any freight claims
in writing directly to the Carrier as well as the
insurance company whom coverage was provided by, no
later than 15 days from shipment delivery date or 5 days
if concealed damage, and notify P.A.F of the claim
filing. The selected carrier's governing General Rules
Tariff determines the standard liability freight
insurance coverage. If the shipment contains freight
with a predetermined exception value, as determined by
the selected carrier, the maximum exception liability
will take precedence over the standard liability
coverage.
Customer agrees that the filing of a claim does not
relieve the customer of paying for the freight charges
with the carrier and insurance premium to P.A.F or
entitle them to be refunded. Freight payment is
necessary in order for the carrier to process the
customer's claim. The Insurance premium is necessary for
the insurer to process the insurance claim. P.A.F
will attempt to help in the resolution of claims filed
with the carrier, but has no obligation to do so and no
responsibility or liability therefore.
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P.A.F and the customer agree that these terms and
conditions shall be governed by the procedural laws of
the State of California. In the event of any
claim, dispute or litigation relating to these Terms and
Conditions, the Customer agrees to file in the district
court of Ventura County, California, or in the United
States District court for Los Angeles city and consents
to the jurisdiction of the courts of the State of
California, and California law. |
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12. Copyright and Trademarks
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Our site: Pafinsurance.com is
protected by copyright, and other trademark laws and
may not be copied or imitated in any way. Nothing
from this website may be copied or retransmitted
without written authorization from P.A.F, in each
instance. This includes website design, layout,
graphics, images, content, text, menus and any
portion of this site. Any unauthorized use of P.A.F,
Pacific Atlantic Freight, it’s name, domain names,
logos, or any other information regarding P.A.F is
expressly prohibited.
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13. Links to Third Party Websites
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As a convenience to the customer, our site contains
links to third-party websites. As Linked sites are not
under the control of P.A.F, P.A.F is not responsible for
the contents or information contained in any linked site
or any link contained in a linked site.
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P.A.F's privacy policy (click
here to view) is included in these terms and
conditions herein by this reference.
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We, P.A.F,
will do our best to provide the customer with the lowest
prices for freight insurance policies, however we make
no guarantee that we have the lowest prices on the web
or compared to any other company or website online or
offline.
The prices/quotes provided within the P.A.F website are
not guaranteed to be accurate. P.A.F takes no
responsibility for these prices as they are provided
from P.A.F's partner carrier's and therefore are subject
to change at any time.
The Purpose of our website
is to provide you with insurance information and
comparisons of coverage only. It is not intended to
constitute advice. It does not take into account your
specific insurance needs, shipment details, goals or
financial circumstances. You should not act on the basis
of any material contained on the site without first
considering and if necessary, obtaining appropriate
advice from your financial, legal or other professional
adviser.
Information in this site
is provided for informational purposes only and should
not be used or relied upon as a substitute for the
relevant insurance policy wording or relevant Customer
Information Brochure or disclosure document. P.A.F shall
not be liable for any errors in the content, or for any
actions taken in reliance thereon.
To the maximum extent permitted by applicable law, in no
event shall P.A.F or any other party who has been
involved in the creation or production of this website,
be liable for any special, incidental, punitive,
indirect, or consequential damages whatsoever, including
but not limited to, damages for loss profits or
confidential or other information, for loss of privacy,
for any failure to meet any duty including of good faith
or of reasonable care, for negligence, and or any other
pecuniary or other loss whatsoever, arising out of or in
anyway related to the use or inability to use this
website. |
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Shipping Insurance
